there. if you want to write to us, mediabuzz@foxnews.com. we'll see you next week for the latest "mediabuzz." arthel: the controversy surrounding special counsel's robert mueller's special counsel investigation. a lawyer accusing mueller's team of improperly obtaining tens of thousands of transition emails as it investigates collusion between the trump campaign and russia. eric: . the lawyer claimed they were in

violation of law by handing over the documents without a subpoena. but mueller says it acted properly securing the consent of the document holder, the gsa. how did the documents and materials they received. do we know how they factor into the investigation? reporter: tens of thousands of emails along with the laptop, cell phones and other materials belonging to 13 top transition team members. this material comes from between the election and inauguration. this was provided by the special counsel's office by the general service administration. that agency is tapped with supplying office supplies and email services to the trump transition team. instead of going through a subpoena, mueller's office went straight to the gsa to request

them. the transition claims career gsa staff working with an attorney at gsa and at the direction of the fbi immediately produced all the materials by the special counsel's office without notifying trump for america pore without redacting privileged material. that's the complaint by the attorney that they did not take steps to protect privileged information protected by presidential privilege or attorney-client privilege. that's something they are pointing out to lawmakers as they ask for something to be done. eric: mueller's team is defending their action as appropriate. reporter: a spokesperson for the special counsel's office told us they did nothing wrong. quote when we have obtained emails in the course our

criminal investigation we secured the account holder's consent or appropriate criminal process. but using government-provided cell phones and email it had no expectation of privacy. a number of democrats this move by the transition team is an attempt to distract from the special counsel's investigation. as for the white house. sarah huckabee sanders said last night the white house continues to cooperate fully with the special counsel's investigation. they expect to it wrap up soon. arthel: we are going to bring in tom row began, a commentary writer for the washington examiner. i would like you to explain to

us, break it down. what is it that special counsel mueller's office allegedly did wrong. >> the claim is they didn't go through the proper legal processes in terms of applying for access to these emails. in a normal situation one might assume they would go with a subpoena or with a warrant to the actual server position. in this case kit would be the gsa. but instead of doing that. they simply requested the material from the gsa. a lot of material. and in doing so were not fulfilling at least the spirit of the law in terms of due process rights. arthel: they are saying you should have notified us these document were being, emails and other documents were being requested. perhaps had they done that, i don't know, would there have

been a risk that information would have been scrubbed? the point is how strong is the legal argument to support the claim? >> i don't think it is very strong to be honest from a legal point of view. american government servers, this is how they catch leakers. it is an expectation that when you go work for the federal government, what you are saying to some degree belongs to the government inherently more than it belongs to you. it's going to be hard for them to count these emails out as the fruit of the poisonous tree. secondary point is anyone who is using an email in today's age, especially if you are in a presidential transition team would be best placed to not use an email for things they think might be controversial. the secondary point is any email

he's can be broken into. arthel: the gsa provided the server for the trump transition team email. is the claim enough to discredit mueller, his team and the russian investigation. >> we have to recognize the trump transition lawyers have a responsibility to protect their clients first and foremost. so it makes sense for them in what is clearly a political environment of the investigation to do battle in that regard. that helps their client and helps put them in a position that further down the road should something happen, they have the ability to try to shape some of the narrative. as much as i have some sympathy for what the special counsel has done in terms of the legal practice. the reality is the whole

situation has very rapidly become much more political and heated. and i think on both sides we do see it coming to a head perhaps in a way that people might not have wished for in the best tradition of american legal practice. arthel: i want to pop up a response from the gsa who denies the claim the general counsel promised that any requests for transition team records would be routed to legal counsel for trump for america. they said transition team members were warned that transition team record would not be held back and no expectation of privacy can be assumed. you are saying this

investigation has gone the very political on both sides. is this setting the table for the president to order the doj to fire special counsel mueller? >> personally i think so. but that's just a sort of hunch on my part. the white house denies that. the white house rightly has an expectation the investigation would come to an end in a matter of months. that legal -- the claim the transition made about a pledge from the gsa. if the lawyers on either side were doing their job, there is a paper trail there somewhere. some of this stuff we'll find out one way or another. the question is as you say. personally i think when tax reform is done, i think the white house will fire mueller. but that's just my hunch.

eric: a republican lawmaker on the house judiciary committee says he's making progress. claims of bias are denied by deputy attorney general rosenstein last week. but jim jordan is telling fox news the chairman of the committee bob goodlatte agrees the subpoenas should be sent out. >> first of all, we tried to be incredibly transparent with congress. we made witnesses available. we made strzok, bruce ohr, andrew mccabe available to congress as well. and we turned over those text messages to congress. i understand the frustration.

but the inspector general looked into several of these matters. and we expect to have those supports shortly. eric: are the subpoenas really necessary? reporter: republican lawmakers on the hill think they are making progress en routeing out fbi officials whose job -- progress en routeing out fbi officials whose job it is. the team that compiled that infamous dossier that accused trump of improper interwactss rugs. bruce ohr's wife nelly was on the fusion gps payroll and worked on trump-related

assignments there. all those guys need to be held accountable for what they did. by the needs to be exposed. this goes to the heart of whether this legislation was legitimate from the start. the government won't admit whether they paid christopher steele for the dossier. whether they used it to surveil trump associates. all of this stuff needs to be brought to light. reporter: andy mccabe will be on the hill after failing to appear on regularly scheduled testimony. some republicans like congressman jim jordan say those texts are good reason for a second special counsel. others seem happy to let the doj inspector general who found those he text messages keep looking. arthel: let's go out to the

latest on the thomas wildfire raging in southern california. nearly 2-week-old fire burning 267,000 acres and destroying more than a thousand buildings. will carr is in santa barbara, california with the latest. reporter: the conditions have calmed down dramatically compared to this point yesterday. but this fire is threatening 18,000 homes. there are helicopters in the air. they have been circling around. we have seen helicopters making water dumps. this is the type of brush that these firefighters are having to battle when the em% are pushed down and his brush surrounds this community. take a look at what we were seeing yesterday when the winds were blowing 50-60 miles per hour. we have seen a number of bonfires in the past couple

hours it's a challenge for the firefighters because the santa ana winds are pushing the embers throughout the air and dropping spot fires throughout the community. the fire crews are putting them out as quickly as possible. right when they do that, you see other fires pop up. that's the challenge for the men and women on the ground. we have a red flag warning. the winds have picked up and if this fire burns another 3,000 to 4,000 acres throughout the course of the day, it will be the largest wildfire in california's history. eric: we'll have a lot more on the russia investigation from the emails to the subpoenas, to the controversy. we will talk to former fbi deputy assistant director danny

colson who will join us on whether the prosecutors can separate the personal from the professional. reports say china is worried. have they done anything to stop kim jong-un? >> the president's policy on north korea is quite clear in is no daylight at all between the president's policy and the pursuit of that policy. press brew. that's it. strong. bold. rich. i feel like you're toying with me. show me how strong you are. (screams) lift me up! dan! lift me up!

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eric: it seems we have helped the russians. vladimir putin is thanking us. the white house confirming putin did call the * to thank him for the characteristics a foiling a terrorist plot that was set to hit the city of st. petersburg. we don't know who they are or what group of they represent, but they planned to target a cathedral and other busy places in st. petersburg and the president of russia thanked our cia for our help to them. we'll bring you more on this as we get it. arthel: secretary of state rex tillerson addressing rising tension with north korea.

mr. tillerson saying diplomacy remains a preferred course of action. but the u.s. will defend itself as concerns grow over the north nuclear weapons program. the country marking 6 years since the death of kim jong-un. the father of the current leader -- the death of kim jong-il, the father of kim jong-un. reporter: the world is on extra alert this weekend. today marks the 6th anniversary of the death of their former leader i am jong-il. thanks you marched in subzero temperatures. this as a 59-year-old australian man was arrested saturday for allegedly working with north korea to sell weapons of mass destruction. australian police say he tried

to sell $north korean missile parts abroad. they say he was work on behalf of the north koreans to broker missile components other international entities. police say he had been in contact with high-ranking official. the united nations has enacted the toughest sanctions yet against north korea. but for years the regime has found ways to make money selling weapons and counter fit money and drugs. north korea has cracked down heard on its own people as military fences have risen. the united nations says 13 million people are suffering from a chronic lack of food. and there is increased

surveillance by the regime on their own people. >> this is a regime that's hypocritically spends millions on missile program while its phone people live in poverty. it could feed the people in north korea if it chose the well favor its people over weapons development. reporter: not just a weapons crisis, but humanitarian crisis. arthel? arthel: thank you. >> militarily we are going to be prepared should something go wrong. our military is prepared. eric: that's secretary of state rex tillerson after the united nations security council meeting.

it's the first time it's believed that an official from kim jong-un's regime sat face to face with our secretary of state. ambassador john bolton, former u.s. ambassador to the united nations. and chairman of the gatestone institute in new york. often in a proforma type of situation, do you think anything the secretary of state said sunk in mr. nam's ears? >> the fact that secretary tillerson is still talking about negotiation with north korea undermines the signal of strength we are trying to show. the slim chance north korea will do anything to denuclearize increases to the extent they think the military threat is real. and if they think the u.s. military threat is just more

rhetoric like the last several administrations, they will disregard it and north korea will get deliverable nuclear weapons. this is coming very soon unless we take action. eric: they are saying our military exercises are offensive and we want to invade them. >> we couldn't care less about north korea fit weren't for the fact they are developing nuclear weapons. the kim family dynasty's objective is to have a unified korea. they would blackmail the united states to force our troops out of the south korea. it would be an enormous source of revenue. they will sell ballistic missile and nuclear technology to anybody. which is why they are so

dangerous globally, not just in the pacific region. as the cia director mike pompeo said, they are within a matter of months of being able to hit targets in the united states. we don't know how many months. but this an imminent possibility. once they get the ability to hit new york with a nuclear weapon. our ability to take preemptive action against them is effectively over. that's what they are playing for. we tried to rely on china. so far i have to say there is no evidence china macedon a blessed thing any differently than they have don't past 25 years which is essentially to let the north advance their scientific and technological capabilities. that's routine business for the chinese military and for the

russians. while we are on this subject they make money by violating the sanctions and winking at those who are. eric: mr. named called north korea a peace-loving state. >> the nuclear weapons are defensive in defense our sovereignty and rights from the u.s. nuclear threat and the u.n. eric: if anyone is to blame for it, the u.s. has to be held accountable. he accuses us of nuclear blackmail. is there any sign of hope. the fact that he was there and showed up? he walked out when president

trump addressed the general assembly in december. >> they love to walk out to demonstrate their contempt for the rest of the world. that was a propaganda speech. we are close to a buy nary choice. -- to a binary choice. we'll have to play using nuclear force. or accept that north korea will be the nuclear arms sales location to the world. there are some in china writing joint chinese-u.s. military action would make sense. the answer to the nuclear threat is to eliminate it and reunify the peninsula and replace it

with a different government. eric: thank you so much as always. arthel: the president's lawyers take on special counsel robert mueller. they are accusing mueller's team of improperly obtaining thousands of emails from the president's transition team. also, congress is expected to pass the gop thanks bill this week. president trump promising americans could see benefits by february. so how will this affect you? >> it's an historic moment. this has been a terrific process with the house and senate working together in conference and it will be a terrific bill for the president to sign. uncertain... but you can feel confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence.

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i'm glad my doctor prescribed lyrica. for some, lyrica delivers effective relief for moderate to even severe fibromyalgia pain. and improves function. lyrica may cause serious allergic reactions, suicidal thoughts or actions. tell your doctor right away if you have these, new or worse depression, unusual changes in mood or behavior, swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. common side effects: dizziness, sleepiness, weight gain, swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who've had a drug or alcohol problem may be more likely to misuse lyrica. with less pain, i can do more with my family. talk to your doctor today. see if lyrica can help. arthel: welcome back. after months of working on a working on a come on the house expected to pass the gop tax bill this tuesday with the

senate expected to follow suit soon thereafter. it is the biggest rewrite of the tax code we have seen since the 80s. >> first of all, let me just say say -- get this done on the verge of getting this done. the single biggest change to the tax system ever that president trump is going to sign this week. arthel: caroline shively joins us from washington to talk about how lawmakers are reacting to this. >> you got it, arthel. this is an historic moment. republicans are betting on historic data. >> every family in youngstown ohio will pay an additional $20,000 per family and doubt that the country is going to accrue. we are borrowing money from china to do this.

i want to appeal to the fox news audience that guys, we can afford this. >> republicans argue for slashing from 35% to 21% will inspire companies to innovate more, hire more and pay workers more. plus the bill gives an incentive to return trillions of dollars in profit to corporations overseas and they dismiss claims that allowed almost a trillion 25 to the deficit over a decade saying that doesn't take into account how much economic growth the country will see. president trump predicted a four, five to 6% growth. treasury secretary stephen knopf for the entire decade. gop leaders are making big promises. >> america will never fall this far behind again. we are not waiting 21 years to become competitive again. we will not do most of our competitors and make the change in our tax code so we can bring the jobs back to america and compete and win anywhere in the world. there is just a whole new attitude about making america strong for the long-term.

reporter: democrats are campaigning against republicans next year who voted for the bill, pointing out business cuts are permanent command of digital cuts expire in 2025. trade for. arthel: caroline shively, thank you. eric: president trump's transition team. from some republicans on capitol hill. coeur d'alene offer up into the council to come for america seems that most investigators failed to directly request records from the tram transition team and its probe and they should instead properly gotten most of the subpoena. instead they got the documents it seems from the federal agency, the gsa that provide services to the transition team without a warrant or subpoena. did they need one? defending actions today saying improperly obtained the account owner's consent or the appropriate criminal process. former fbi deputy assistant

director hostage rescue team commander joins us now. was this like a sneaky enron director, did they need the subpoena to get these tax or could they get them from the gsa because their government property? >> probably -- not probably, absolutely. it's axiomatic in washington d.c. if you are an agent he enabled records from another agency and a third party comes in and request them come he referred them to the originating agency. that's not the way to go. he just kind of violate. the key though is this. the white house did not ask for a redress for this for the federal court system. they didn't ask the records be sealed or returned are put under court protection. they sent a letter to the congress the congressional committee saying let's be sure this doesn't happen in the

future. it's kind of a tempest in a teapot, should they've done it? maybe not. is it illegal? bob mueller will not do something illegal. the united pan am 103 together and he was a good lawyer. i question whether or not we should be looking at the things he's looking not, but there's no illegality here. eric: you know him personally. tell us a bit about 10 because he has come under attack. >> he has. for a lot of reasons that are really not of his making. a lot of that is spillover from things that the fbi. al mohler is a brilliant man. he's dedicated, former marine, very patriotic. he's very, very intense and very good at what he does. i enjoy working with him. he's not a whole lot of fun. he so intense. but he's good at what he does and i think he'll do a good job

here and i have faith and. train to the say he's biased that they say he's committed illegal acts, and that he should be fired and resigned in all of this. >> here's what i would do. if i was his boss a column in the office and say what you have paired according to the mission they gave you, what if you produce? eric: can he say that to the attorney general or rosenstein? >> could be the deputy attorney general. he's his boss. an independent counsel cases the never-ending story. it's not supposed to be there forever. you have a mission come you do and if you have some auxiliary investigation that has nothing to do with your mission that may indicate criminality, the record that can refer back to the department of justice, close shop and go away. if there's no case here, there's no case here. one problem and i think this is

important is he doesn't want to close his case and find out later that something came to light and i may have missed that. eric: winter that already. remember that? >> absolutely. eric: you're a veteran of decades and we have a lot of allegations about fbi officials, peter strzok for example in recent page, calling trump an, bernie sanders, criticizing chelsea clinton, but also in these taxpaying hillary has to win. tell us about celebrating the personal from the professional. is that possible? would you believe they did because this is evidence of bias and they should all be thrown out. unlike fbi agents are human beings. i have a political opinion. another act it obviously. voted for ronald reagan in the

iran-contra. i actually indicted some people associated with that. you have to step away from your bias in politicians. but this is more sinister than not. you have these very onerous text messages and the people that texted then go out and give hillary clinton a pass. that needs to be investigated. i think there should be a grand jury that looks into the whole thing coming gives you subpoenas, good people in, get documents and see what happens. we can't let this go away and say it's nothing. we don't know it's nothing. if you look at the actions taken, there is more than smoke here. >> they change the wording in charge of the hillary e-mail investigation, which would have been a legal term to extremely careless spirit up on the screen now one of those tax involving

strzok and page. what your reaction. i want to believe the pass he threw up for consideration in andy's office, that there's no way he, trump, get the lack did, but i'm afraid we can't take that risk. it's like an insurance policy in the unlikely event before you die, before you're 40. a lot of controversy over this tax then it could be and indicated, deputy director of the fbi talking about the past. any idea what they cooked up for what they were talking about, what they were planning but we don't know that? >> we'll know know that. here's the problem. they take action that actually work to the great benefit. the mere fact that they went along with an investigation without a grand jury and went along with the idea that they could not investigate the clinton foundation, showing their feelings for hillary clinton.

that's more than problematic. that's very sinister in that needs to be examined. we don't need that. what we need is the inspector general of the united states department of justice to look at this thing and give us an answer. don't do this sophomoric grand jury investigation. bring a grand jury and, present the evidence. this is really important. we've never seen an fbi report for hillary clinton. we've seen a synopsis of it drafted by jim comey. what is the report of the lycée? an fbi report is made up of reports of investigations. let's see what those saying we've never seen. who knows where those were. train to reduce those three attitudes. thank you so much as always.

arthel: isis me on the decline in sierra in iraq but now looks as if the may be turning its attention to what it sees as the real threat in the region. what is the next step in taking on tehran? >> the evidence is undeniable. the weapons might as well have had made in iran stickers all over it. we did this for a single urgent purpose. because the iranian regime cannot be allowed to engage in its lawless behavior any longer. you need to buy a car and you'd think with all these options it would be easy. but only true car shows you what others paid for the car you want and you can connect with certified dealers who offer prices based on this same information. none of those other sites do that. this is true car.

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right in the heart of the was in his financial crisis, and saw his portfolio drop by double digits. it really scared him out of the markets. his advisor ran the numbers and showed that he wouldn't be able to retire until he was 68. the client realized, "i need to get back into the markets- i need to get back on track with my plan." the financial advisor was able to work with this client. he's now on track to retire when he's 65. having someone coach you through it is really the value of a financial advisor. arthel: is the thread decreases in the middle east committee on the states keeping a closer eye on iran. joining me now the former terrorism analyst at the treasury department. jump right in. as i've been a bigger threat? how so? >> it is a bigger threat than i would say the focus on isis has

been deserved but you have to remember this is a ride tag, not a state route, not a significant army. we could've obliterated isis within the first year of its emergence. instead we let it live a long. we are finally cleaning up here and now you the emergence of iran. a state threat they've got shiite mullah says, more than 20 of them stretching their way across the middle east. the territories that are right now lacking central authority, places like syria, places like iraq, lebanon and yemen as well. really taking advantage of the vacuum enabling this really is the great thread the u.s. will have to face in the future. transfer at a military base in washington common nikki haley did a show and tell using weaponry that is quote, undeniable proof that iran had

asked and did for who the rebels in yemen. ambassador hughley also stating iran is still backing armed rebels in syria in other countries to your point. what is the take on iran, especially saudi arabia? >> the united nations does have some security council resolutions that prevent iran from watching ballistic missiles from destabilizing yemen. we've got other things in play right now trying to prevent iran from destabilizing other countries. the international community as we all know is not exactly effective. very little of the united nations is willing to do other than impose sanctions here or there in the case of iran we are just not seeing it because there's such fear of the nuclear deal. the saudis and israelis are the only actors in the region right now pushing back significantly on iran.

the yemen situation is that the saudis are active along with united arab emirates engaging in a bombing campaign over there that's been hit or miss. sometimes they are effective and the israelis for decades have been battling hezbollah, hamas on the other side of the middle east over there. the question is can we get out of iraq or is not to engage on this very serious threat. >> that's a question. the other is what does the administration do in terms of days. to do pull out of the iran nuclear deal and what is the u.s. way? >> the good news is there are options for the administration. the nuclear deal, one of the things people are upset about what the deal was signed in 2015 is that it didn't address all of the activities around the region had the good news is we can impose sanctions and perhaps even take kinetic action against

these factors. arthel: kinetic action like what? >> special operations and military operations again some of the iranian proxies. i don't think anyone wants to engage in a full scale war in the middle east over this, but there are thing short of full deployment. arthel: was back in iran? who are their allies? >> iran is the foremost factor over there backing actors like the assigned regime in syria, hezbollah. arthel: do they have the support of russia? >> they do although it's not a full-fledged alliance. one of the uneasy alliances that would be terrific to see if united dates can break out of. we may start to see the russians leave syria which would be a significant step in the right direction. arthel: have to leave it there. thank you for analysis. >> pleasure. eric: tensions escalate in the

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eric: senior muslim kurds find our boycott by thousands of people rally against president trump's recognition of jerusalem as israel's capital. live in our jerusalem bureau at the very latest on this. things here in jerusalem in places like bethlehem have come down significantly, but still a lot of anger in the middle east of arab and muslim leaders continually denouncing president trump earlier today saying his government will begin the process of trying to set up an embassy for a palestinian state in east jerusalem. thousands of turks across the country demonstrated against the u.s. in places like ankara. currently has a consulate in jerusalem with diplomatic ties with israel and embassy in tel aviv. protesters coming out against decisions around the world with clerics in pakistan today calling on muslim countries to

cut diplomatic ties with the u.s. and in indonesia, other countries or other clerics calling for a boycott of american goods. arthel, there is a move in the vote to pass resolutions and move forward condemning the treadmills. does appear to have strong support including u.s. allies like great britain and france and egypt. this is moving to a diplomatic battle more than a street battle going forward. arthel: that is good news good conor powell, thanks so much. eric: interesting to see they printed their signs in english. that does it for us at least for now. arthel: will be back at 4:00 in ex-pm eastern. we hope you can join us. ♪

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so get allstate. where you can save money and be better protected from mayhem like me. mayhem is everywhere. so get an allstate agent. are you in good hands? leland: new trouble for special counsel robert mueller as president trump transition team say he improperly paying tens of thousands of e-mails. will this development further change the russian investigation >> the biggest tax reform in decades has sued the finish line while talk to members of congress from both sides of the aisle about how this major piece of legislation will affect your paycheck. leland: suicide bombers blowing themselves up at a church packed with holiday worshipers in pakistan. who might be behind that attack.